“To amend title 18, United States Code, to authorize the use of National Guard forces for immigration enforcement purposes, to establish criminal penalties for assaulting immigration enforcement officers, and for other purposes.”
No CRS summary available for this bill.
This section amends the Posse Comitatus Act to establish exceptions permitting the use of National Guard members—(1) performing state duty under orders issued by the governor of such state; or (2) performing duty under title 10 or title 32, if such members are used exclusively for (A) enforcement of the immigration laws (as defined in the Immigration and Nationality Act), including the apprehension or detention of aliens unlawfully present in the United States and the execution of removal orders under such laws, or (B) border security operations. (As background, the Posse Comitatus Act prohibits the Armed Forces from acting as a posse comitatus, or otherwise, to execute the laws except as expressly authorized by the Constitution or statute.)
This section establishes a new criminal offense under 18 U.S.C. §119A for knowingly assaulting, resisting, opposing, impeding, intimidating, or interfering with (1) any officer or employee of U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other federal immigration enforcement agency; or (2) any state or local law enforcement officer acting under federal authority or in active assistance of federal immigration enforcement operations, in the performance of official duties or on account of such duties. The offense is punishable by a fine, imprisonment for not less than 5 years and not more than 20 years (not less than 10 years and not more than 30 years if bodily injury results, or life imprisonment or the death penalty if death results), and includes a conforming amendment to the table of sections for 18 U.S.C. chapter 7.